Tag Archives: regular rate

California Firefighters Battle With Mayor

This past weekend, a local newspaper in California wrote about a nasty dispute between the mayor of the City of La Verne and the La Verne Firefighters, IAFF Local 3624, that has prompted two separate federal court lawsuits in recent months.

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What Should A Salary Be Divided By To Determine Hourly Rate

Today’s burning question: Our city calculates our hourly pay by dividing our salary by 56 hours, not 53 hours. In other words, our hourly rate for overtime purposes is calculated by dividing the weekly salary by 56 hours. Shouldn’t they use 53 hours since the FLSA states that is the maximum allowable number of hours per week for firefighters?

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Lexington Settles OT Dispute for $17.7 Million

Lexington-Fayette Urban County Government has agreed to settle a long-standing overtime dispute with its firefighters for a reported $17.7 million. The case was originally filed in November, 2005 in Fayette Circuit Court by firefighters who claimed the county miscalculated their overtime compensation.

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Fire Law Podcast Episode 15: FLSA and the Regular Rate

In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.

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California Firefighters File Overtime Suit Over Health Care Buy-Back

Today’s burning question: Does a fire department have to include payments made in lieu of accepting health benefits in a firefighter’s regular rate for purposes of calculating overtime? Answer: Yes, and that is one of the central issues in an FLSA suit that firefighters with the Marinwood Community Services District filed claiming the district has been improperly calculating their overtime.

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2016 FLSA Roundup

Throughout 2016, the Fair Labor Standards Act continued to loom as one of the most important laws for fire departments. Here are the top 2016 FLSA for Fire Departments headlines, in rank order of importance:

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FLSA Facts for Firefighters: Clothing Allowance

Today’s burning question: Does a fire department have to factor in an item such as a clothing allowance when determining a firefighter’s hourly wage for overtime calculations? Answer: Under certain circumstances some or all of a clothing allowance may be considered compensation and thus includable in calculating the employee’s “regular rate”.

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Settlement Announced in California FLSA Overtime Suit

The Southern Marin Fire Protection District has settled an overtime compensation lawsuit filed earlier this year by forty-four firefighters. The firefighters sued in February claiming the district incorrectly calculated their regular rate, which is the rate that is to be used to determine the overtime rate.

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New Haven Firefighters File FLSA Overtime Suit

The City of New Haven, Connecticut is facing a class action lawsuit filed by 174 present and former firefighters alleging a violation of the FLSA in terms of how much they were paid for overtime hours. The suit alleges that New Haven miscalculated the firefighters’ “regular rate” by not including “certification pay, education incentive pay, acting pay, haz-mat pay, and longevity pay” in the regular rate.

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